Question 1

Management would generally prefer that an arbitrator rely on a "preponderance of evidence" instead of "beyond a reasonable doubt" since it is frequently difficult for management to meet this more stringent standard for evidence of employee misconduct.

Accepted Answer

Management typically prefers the "preponderance of evidence" standard because it is less stringent than "beyond a reasonable doubt," making it easier to prove employee misconduct.

Question 2

When the company decides that discharge is the appropriate disciplinary action,the affected employee is issued a last chance agreement that informs them that they are being discharged.

Accepted Answer

A last chance agreement typically offers an employee one final opportunity to improve their behavior or performance before discharge, rather than informing them of an immediate discharge.

Question 3

Employee discipline is a topic only relevant in unionized firms since non-unionized employees aren't afforded any protections against wrongful disciplinary actions.

Accepted Answer

Employee discipline is relevant in both unionized and non-unionized firms. Non-unionized employees may still have protections under employment laws and company policies against wrongful disciplinary actions.

Question 4

Under the Weingarten decision,union representation cannot be given to an employee until the employer has concluded its investigation and notified the employee of discharge,and the employee has elected to fight the decision.

Accepted Answer

The Weingarten decision allows employees to request union representation during investigatory interviews that they believe might lead to disciplinary action, not after the investigation is concluded.

Question 5

Employers overestimate the potential costs of a wrongful discharge suit and incur indirect costs,such as not terminating employees who perform poorly,costly hiring and decision-making processes,or use severance payments to deter wrongful termination claims.

Accepted Answer

Employers often fear the financial and reputational repercussions of wrongful discharge suits, leading them to adopt costly measures to avoid potential litigation, even if it means retaining underperforming employees or incurring additional expenses.

Question 6

One advantage of the "price list" is that it takes a statute of limitations on prior disciplinary offenses into account.

Accepted Answer

The "price list" typically refers to a list of prices for goods or services, and does not inherently consider legal concepts like the statute of limitations on disciplinary offenses.

Question 7

The Supreme Court has stated that union representation in discipline cases is only necessary after the company has made its disciplinary decision.

Accepted Answer

The Supreme Court has ruled that union representation is necessary during investigatory interviews that could lead to disciplinary action, not just after a decision has been made.

Question 8

One of the three levels of proof an arbitrator uses to find that discipline was for "just cause," is to find clear and convincing evidence that a disciplinary offense was committed.

Accepted Answer

An arbitrator often uses three levels of proof: preponderance of evidence, clear and convincing evidence, and beyond a reasonable doubt, to determine if there was just cause for discipline.

Question 9

Under the implied contract exception to the employment-at-will doctrine,an employee is wrongfully discharged if and when the discharge is inconsistent with an explicit,well-established public policy of the state.

Accepted Answer

The implied contract exception refers to situations where an implied agreement, such as through company policies or verbal assurances, contradicts the at-will employment doctrine, not necessarily related to public policy. The public policy exception is a separate concept.

Question 10

Evidence indicates that a majority of discharged employees who are reinstated by an arbitrator perform their work in a below-average capacity following reinstatement.

Accepted Answer

The given statement indicates that a majority of discharged employees who are reinstated by an arbitrator perform their work in a below-average capacity following reinstatement.

Question 11

The passage of the Wagner Act of 1935 and the creation of the NLRB provided the first legal means for holding employers accountable for at least some of their disciplinary decisions and actions.

Accepted Answer

The Wagner Act of 1935, also known as the National Labor Relations Act, established the National Labor Relations Board (NLRB) and provided workers with the right to organize and bargain collectively, holding employers accountable for unfair labor practices.

Question 12

I​t is not possible to introduce some level of restriction on supervisors to protect employee rights without adversely affecting supervisors' belief in the effectiveness of the disciplinary system.

Accepted Answer

It is possible to introduce restrictions that protect employee rights while maintaining supervisors' belief in the system's effectiveness by ensuring transparency, fairness, and clear communication of the disciplinary process.

Question 13

Under due process element of double jeopardy,the employer cannot first suspend an employee indefinitely and then subsequently discharge the employee.

Accepted Answer

The concept of double jeopardy applies to criminal law, not employment law. Employers can suspend and later discharge an employee as part of their disciplinary process.

Question 14

Employee discipline represents both organizational conditions,which can lead employees to form a disciplined,self-regulated group,and organizational conditions,where managerial actions are taken against an employee who has violated organizational rules.

Accepted Answer

Employee discipline involves creating an environment that encourages self-regulation and taking corrective actions when rules are violated.

Question 15

Arbitrators regard the term "subject to dismissal" as implying that management can implement disciplinary penalties other than discharge,such as written warnings or suspensions.

Accepted Answer

Arbitrators interpret "subject to dismissal" as allowing for a range of disciplinary actions, not just termination, depending on the severity of the employee's conduct.

Question 16

The National Unfair Dismissal Statute would provide protection against unfair dismissal to those nonunionized employees who have worked for an employer (15 or more employees)for a period of at least two years.

Accepted Answer

There is no specific "National Unfair Dismissal Statute" in the United States that provides such protections. Employment laws vary by state, and federal laws like the Civil Rights Act and the Fair Labor Standards Act address specific issues but do not provide a general unfair dismissal protection for nonunionized employees.

Question 17

Arbitrators regard discharge as a last resort to be used only when all other corrective attempts have failed and the employee totally lacks usefulness to the firm.

Accepted Answer

Arbitrators typically view discharge as a last resort, preferring progressive discipline and corrective measures before terminating an employee, unless the employee is completely unfit for the role.

Question 18

A manager terminates an employee because of a personal grudge against the employee.This discharge could be contested in at least 20 states under the covenant-of-good faith and fair dealing exception to the employment-at-will doctrine.

Accepted Answer

The covenant-of-good faith and fair dealing exception is recognized in some states, allowing employees to contest terminations made in bad faith or motivated by malice.

Question 19

In most states,an employer cannot legally discharge an employee if the discharge is inconsistent with an explicit,well- established public policy of the state.

Accepted Answer

Many states recognize the public policy exception to at-will employment, which prevents employers from firing employees if the termination violates a state's public policy.

Question 20

Arbitrators often reduce suspensions given to employees,even if other employees have received similar suspensions under identical circumstances

Accepted Answer

The answer of Arbitrators often reduce suspensions given to employees,even...

Quiz 12: Employee Discipline

Management would generally prefer that an arbitrator rely on a "preponderance of evidence" instead of "beyond a reasonable doubt" since it is frequently difficult for management to meet this more stringent standard for evidence of employee misconduct.

When the company decides that discharge is the appropriate disciplinary action,the affected employee is issued a last chance agreement that informs them that they are being discharged.

Employee discipline is a topic only relevant in unionized firms since non-unionized employees aren't afforded any protections against wrongful disciplinary actions.

Under the Weingarten decision,union representation cannot be given to an employee until the employer has concluded its investigation and notified the employee of discharge,and the employee has elected to fight the decision.

Employers overestimate the potential costs of a wrongful discharge suit and incur indirect costs,such as not terminating employees who perform poorly,costly hiring and decision-making processes,or use severance payments to deter wrongful termination claims.

One advantage of the "price list" is that it takes a statute of limitations on prior disciplinary offenses into account.

The Supreme Court has stated that union representation in discipline cases is only necessary after the company has made its disciplinary decision.

One of the three levels of proof an arbitrator uses to find that discipline was for "just cause," is to find clear and convincing evidence that a disciplinary offense was committed.

Under the implied contract exception to the employment-at-will doctrine,an employee is wrongfully discharged if and when the discharge is inconsistent with an explicit,well-established public policy of the state.

Evidence indicates that a majority of discharged employees who are reinstated by an arbitrator perform their work in a below-average capacity following reinstatement.

The passage of the Wagner Act of 1935 and the creation of the NLRB provided the first legal means for holding employers accountable for at least some of their disciplinary decisions and actions.

It is not possible to introduce some level of restriction on supervisors to protect employee rights without adversely affecting supervisors' belief in the effectiveness of the disciplinary system.

Under due process element of double jeopardy,the employer cannot first suspend an employee indefinitely and then subsequently discharge the employee.

Employee discipline represents both organizational conditions,which can lead employees to form a disciplined,self-regulated group,and organizational conditions,where managerial actions are taken against an employee who has violated organizational rules.

Arbitrators regard the term "subject to dismissal" as implying that management can implement disciplinary penalties other than discharge,such as written warnings or suspensions.

The National Unfair Dismissal Statute would provide protection against unfair dismissal to those nonunionized employees who have worked for an employer (15 or more employees)for a period of at least two years.

Arbitrators regard discharge as a last resort to be used only when all other corrective attempts have failed and the employee totally lacks usefulness to the firm.

A manager terminates an employee because of a personal grudge against the employee.This discharge could be contested in at least 20 states under the covenant-of-good faith and fair dealing exception to the employment-at-will doctrine.

In most states,an employer cannot legally discharge an employee if the discharge is inconsistent with an explicit,well- established public policy of the state.

Arbitrators often reduce suspensions given to employees,even if other employees have received similar suspensions under identical circumstances

Quiz 12: Employee Discipline

Management would generally prefer that an arbitrator rely on a "preponderance of evidence" instead of "beyond a reasonable doubt" since it is frequently difficult for management to meet this more stringent standard for evidence of employee misconduct.

When the company decides that discharge is the appropriate disciplinary action,the affected employee is issued a last chance agreement that informs them that they are being discharged.

Employee discipline is a topic only relevant in unionized firms since non-unionized employees aren't afforded any protections against wrongful disciplinary actions.

Under the Weingarten decision,union representation cannot be given to an employee until the employer has concluded its investigation and notified the employee of discharge,and the employee has elected to fight the decision.

Employers overestimate the potential costs of a wrongful discharge suit and incur indirect costs,such as not terminating employees who perform poorly,costly hiring and decision-making processes,or use severance payments to deter wrongful termination claims.

One advantage of the "price list" is that it takes a statute of limitations on prior disciplinary offenses into account.

The Supreme Court has stated that union representation in discipline cases is only necessary after the company has made its disciplinary decision.

One of the three levels of proof an arbitrator uses to find that discipline was for "just cause," is to find clear and convincing evidence that a disciplinary offense was committed.

Under the implied contract exception to the employment-at-will doctrine,an employee is wrongfully discharged if and when the discharge is inconsistent with an explicit,well-established public policy of the state.

Evidence indicates that a majority of discharged employees who are reinstated by an arbitrator perform their work in a below-average capacity following reinstatement.

The passage of the Wagner Act of 1935 and the creation of the NLRB provided the first legal means for holding employers accountable for at least some of their disciplinary decisions and actions.

I​t is not possible to introduce some level of restriction on supervisors to protect employee rights without adversely affecting supervisors' belief in the effectiveness of the disciplinary system.

Under due process element of double jeopardy,the employer cannot first suspend an employee indefinitely and then subsequently discharge the employee.

Employee discipline represents both organizational conditions,which can lead employees to form a disciplined,self-regulated group,and organizational conditions,where managerial actions are taken against an employee who has violated organizational rules.

Arbitrators regard the term "subject to dismissal" as implying that management can implement disciplinary penalties other than discharge,such as written warnings or suspensions.

The National Unfair Dismissal Statute would provide protection against unfair dismissal to those nonunionized employees who have worked for an employer (15 or more employees)for a period of at least two years.

Arbitrators regard discharge as a last resort to be used only when all other corrective attempts have failed and the employee totally lacks usefulness to the firm.

A manager terminates an employee because of a personal grudge against the employee.This discharge could be contested in at least 20 states under the covenant-of-good faith and fair dealing exception to the employment-at-will doctrine.

In most states,an employer cannot legally discharge an employee if the discharge is inconsistent with an explicit,well- established public policy of the state.

Arbitrators often reduce suspensions given to employees,even if other employees have received similar suspensions under identical circumstances

It is not possible to introduce some level of restriction on supervisors to protect employee rights without adversely affecting supervisors' belief in the effectiveness of the disciplinary system.